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Current Council Agenda and Past Meeting Information

CITY OF BRENTWOOD
CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES
TUESDAY, 7:00 P.M.
AUGUST 12, 2008
COUNCIL CHAMBER

CALL TO ORDER (07:02 PM)

Pledge of Allegiance - Chris Merchado (07:02 PM)

Roll Call (07:02 PM)
Present: Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor
Absent: Councilmember Brandon Richey

PUBLIC COMMENTS (07:03 PM)
Carlos Sanabria, Contra Costa Mosquito and Vector Control District (CCMVCD), spoke about West Nile Virus and said CCMVCD needed help in finding unkempt pools in the City and surrounding areas. When out between dusk and dawn, repellent and long sleeves should be worn. The mosquito rate was down but infection rate was up. He said the City was currently unrepresented on the Vector Control District Board.

Beverly Bilge said she would be representing the League of Women Voters at Council meetings.

David Williams spoke about the water detention ponds and basins between Chestnut Street, Balfour Road and Sellers Avenue. The ponds had been drained to facilitate the construction of a drainage viaduct that connected it to the Marsh Creek Trail. He felt it was important to have the flooding protection and the basins provided a natural wildlife habitat. The basins supported migratory birds and assisted with the mosquito problem and the habitat could be saved and the flood zone protected. He suggested installing a flood gate. Heron Park had been completely drained and he felt it would be better if it was an established breeding ground or stopping point for wildlife. He was working to set up a meeting between Contra Costa County Flood Control, Signature Homes, and the City and he asked to move forward, finish flood protection and preserve a habitat.

Bill Putman, Delta Community Services, announced a Country Western BBQ dinner on Saturday, August 30, 2008, from 4:30 - 8:00 p.m. at the Community Center.

Mayor Taylor asked to have an appointment to the Vectrol Control Board.

CONSENT CALENDAR (07:13 PM)

1. Approved minutes of the City Council/Redevelopment Agency meeting of July 22, 2008. (M. Wimberly)

2. Adopt Resolution 2008-194 approving the following Council/Administrative Policies: revised Policy No. 20-7 Alcohol and Controlled Substance Testing Policy for Employees Covered by U.S. Dept. of Transportation Regulations, revised Policy No. 20-23 Policy Prohibiting Unlawful Discrimination and Harassment, new Policy No. 20-26 Substance Abuse, and new Policy 20-27 Nepotism and Fraternization Policy. (K. Chew/P. Standley)

3. Adopted Resolution 2008-195 accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for off-site Minnesota Avenue, including Carmel Parkway landscaping, constructed by Pulte Homes as part of Subdivision No. 8311, located south of Sand Creek Road. (B. Grewal/D. Galey)

4. Adopted Resolution 2008-196 accepting all off-site public improvements; accepting the Maintenance Bond; and releasing the Improvement Securities for Brentwood Junction Retail Center, Design Review No. 05-13, located at the northeast corner of Lone Tree Way and Empire Avenue. (B. Grewal/D. Galey)

5. Adopted Resolution 2008-197 approving and authorizing the City Manager or designee to execute an Agreement for Professional Design Services with Carlson, Barbee & Gibson, Inc., in a not to exceed amount of $179,410, for the design of John Muir Parkway Extension - Phase II, CIP Project No. 336-31683. (B. Grewal/A. Salam)

6. Adopted Resolution 2008-198 accepting off-site public utility improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Subdivision No. 8506, Bridle Gate, located west of the State Route 4 Bypass, on both sides of the Sand Creek Road Extension developed by West Coast Home Builders. (B. Grewal/H. Silfies)

7. (1) Adopted Resolution 2008-199 of Summary Vacation for a portion of the previous aligned Chestnut Street, reserving a public utility easement; (2) Adopted Resolution 2008-200 approving and authorizing the City Manager or designee to execute a Grant Deed to incorporate the new aligned Chestnut Street and Oak Street into the public roadway system, and execute a Grant Deed to establish a legal description for the two remaining areas on the east and west side of the new realigned Chestnut Street. (B. Grewal/P. Eldredge)

8. Adopted Resolution 2008-201 accepting the work performed by Pacific Mechanical Corporation for the Sellers Avenue Sewer Lift Station Expansion and Upgrade, CIP Project No. 592-59150 and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

9. Adopted Resolution 2008-202 accepting the work performed by Manito Construction, Inc. for Well #15, CIP Project No. 562-56310 and directing the City Clerk to file a Notice of Completion with the County Recorder. (B. Grewal/P. Eldredge)

10. PULLED FOR DISCUSSION - Adopt a Resolution approving Council Policy 110-03 Presentation Materials, establishing guidelines for third party presentations at City Council and board and commission meetings. (K. Chew/M. Wimberly)

11. Adopted Resolution 2008-203 approving and authorizing the City Manager or her designee to execute an agreement with MWH Laboratories to provide analytical analysis and specialized sampling services for a total agreement amount not to exceed $80,000 ($40,000 for fiscal year 2008/09 and $40,000 for fiscal year 2009/10). (B. Grewal/C. Ehlers/E. Brennan)

12. Adopted Resolution 2008-204 approving and authorizing the City Manager or designee to execute the Lease Agreement between the Gill E.F. Trust and the City of Brentwood for the Second Street Parking Lot. (K. Chew/G. Leech)

Redevelopment Agency Consent Items:

13. Approved warrants from Warrant lists dated July 09, 2008; July 16, 2008; and July 23, 2008. (P. Ehler/L. Schelbert)

CONSENT CALENDAR ACTIONS (07:14 PM)

Motion: Approve Consent Calendar Items 1 - 13, excluding Item 10.
Moved by Councilmember Erick Stonebarger, seconded by Vice Mayor Robert Brockman.

City Attorney, Damien Brower, asked if the motion included the proposed requested change on Item 12.

Vote: Motion carried 4-0.
Yes: Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor
Absent: Councilmember Brandon Richey

10. Adopt a Resolution approving Council Policy 110-03 Presentation Materials, establishing guidelines for third party presentations at City Council and board and commission meetings. (K. Chew/M. Wimberly)

Council Member Becnel asked for clarification regarding public presentations during public comments at a Council meeting. He felt if there was a planned presentation, the guidelines needed to be complied with.

City Attorney, Damien Brower, said the intent of the policy was to focus on non-public comment items and focus more on the public hearings or the other agenda items considered by Council. It was not intended that public comments be covered under the policy. A power point presentation to be used for a public comment would not be easy to load and the intent was for public hearings. Staff would prepare language to place in the policy to clarify it, should Council desire.

Council Member Becnel said the exception could be clarified, or so the public was not inadvertently prevented from making a presentation, Council could allow the presentation.

City Attorney, Damien Brower, said the Council had the ability to allow someone to make a presentation and if Council wanted that in the policy, staff would prepare a draft for Council.

Council Member Becnel requested that Council be allowed to accept a public presentation so the public was not inadvertently excluded and he asked that the item be sent back to staff.

Vice Mayor Brockman agreed with Council Member Becnel and said if the public wished to show a presentation, Council could entertain that the public be allowed to bring the presentation at another time.

Motion: Continue to a future meeting - adopt a Resolution approving Council Policy 110-03 Presentation Materials, establishing guidelines for third party presentations at City Council and board and commission meetings.
Moved by Councilmember Chris Becnel, seconded by Vice Mayor Robert Brockman.
Vote: Motion carried 4-0.
Yes: Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor
Absent: Councilmember Brandon Richey

NEW BUSINESS (07:19 PM)

Vice Mayor Brockman declared an economic conflict of interest since he owned property adjacent to the area, and he left the Council Chamber.

14. Approve the creation of an ad hoc Brentwood Boulevard Specific Plan Subcommittee and appoint Mayor Taylor and Council Member Becnel to serve on the Subcommittee. (C. McCann/W. Rhodes)

Director of Community Development, Casey McCann, said the Land Use and Development Committee held a special meeting on July 15, 2008, to review the draft Brentwood Boulevard Specific Plan. The Committee recommended several revisions to the draft Plan and recommended an ad hoc Specific Plan Subcommittee be created. Staff recommended the Council create a Brentwood Boulevard ad hoc Subcommittee and appoint Mayor Taylor and Council Member Becnel to serve on the Subcommittee.

Mayor Taylor opened public comments.

Mayor Taylor closed public comments.

Motion: approve the creation of an ad hoc Brentwood Boulevard Specific Plan Subcommittee and appoint Mayor Taylor and Council Member Becnel to serve on the Subcommittee.
Moved by Councilmember Chris Becnel, seconded by Councilmember Erick Stonebarger.
Vote: Motion carried 3-0.
Yes: Councilmember Chris Becnel; Councilmember Erick Stonebarger; Mayor Bob Taylor
Absent: Councilmember Brandon Richey; Vice Mayor Robert Brockman

At 7:22 PM, Vice Mayor Brockman returned to the Council Chamber.

15. Approve the creation of the Los Medanos College Ad-Hoc Subcommittee and appoint Mayor Taylor and Council Member Becnel to serve on the Subcommittee. (C. McCann/L. Maurer)

Economic Development Manager, Linda Maurer, presented a staff report and said the projected enrollment of Los Medanos College had led them to review options for a permanent facility and location. Staff recommended appointing an ad hoc committee consisting of the Mayor and Council Member Becnel to work with staff and representatives of Los Medanos College and the College District to establish a new facility in the City. The Committee would identify a location along Brentwood Boulevard corridor and work with Los Medanos on the opportunity. Staff recommended creating the Subcommittee and working closely with representatives of Los Medanos College to move the project forward.

Mayor Taylor opened public comments.

Mayor Taylor closed public comments.

Vice Mayor Brockman said it was important to keep the college in the City and in the Brentwood Boulevard corridor.

Motion: approve the creation of the Los Medanos College Ad-Hoc Subcommittee and appoint Mayor Taylor and Council Member Becnel to serve on the Subcommittee.
Moved by Councilmember Chris Becnel, seconded by Vice Mayor Robert Brockman.
Vote: Motion carried 4-0.
Yes: Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor
Absent: Councilmember Brandon Richey

16. Adopt a Resolution directing staff to prepare a complete Local Agency Formation Commission application for detachment from East Contra Costa Fire Protection District and annexation into Contra Costa Fire Protection District. (D. Landeros/P. Eldredge)

City Manager, Donna Landeros, presented a staff report and said the item was a request to have Council formalize the direction given to staff during a discussion with Council in May. Staff had hoped to come back to Council with a more detailed workplan of what the scope of application would be. A meeting had been scheduled with the Local Agency Formation Commission (LAFCO) executive director and there would be more information following the meeting. The analysis that staff needed to prepare depended upon the other agencies, East Contra Costa County Fire District and Consolidated Fire and needed to meet LAFCO standards. Staff would keep Council updated as steps were taken and since the previous direction from Council was informal, staff requested formal direction and that Council establish milestones of when staff should report back at a Council meeting.

Mayor Taylor opened public comments.

Mayor Taylor closed the public comments.

Council Member Becnel had originally voted to oppose the process and said his concern had been that any resolution would require additional revenues from the area. He had an issue with asking the voters for additional revenues when the City did not control the use of the funds. The goal of getting the appropriate staffing and getting fire fighters’ pay commensurate with their counterparts was more important than his desire to maintain local control. He expressed his support and felt the fire fighters should be taken care of because of the safety of the citizens.

Council Member Stonebarger said the goal was to get the level of service where it needed to be. He was concerned about asking the citizens for more funds to give to the County. He felt this was the quickest process of getting to the level of service that was needed.

Vice Mayor Brockman said Council had tried to take control and felt there was no choice but to move forward. This was the first step and the process may take two years. ConFire would be a tremendous service for the City and he encouraged the process and thanked ConFire for their support.

Mayor Taylor said the County had procrastinated and agreed with Council about moving forward and protect the citizens in the City. He asked to let the Board of Supervisors know said and the City needed to notify LAFCO.

Motion: Adopt Resolution 2008-205 directing staff to prepare a complete Local Agency Formation Commission application for detachment from East Contra Costa Fire Protection District and annexation into Contra Costa Fire Protection District.
Moved by Vice Mayor Robert Brockman, seconded by Councilmember Erick Stonebarger.

Mayor Taylor asked about pushing the item forward.

City Manager, Donna Landeros, said staff had been pushing the item forward for over four years and the City needed to completely change directions and staff would be aggressive. The analysis needed to be done by both the two fire districts and the Auditor’s office. Staff would move the item as quickly as possible and it would not be fast. She reported on the last discussion by the Board of Supervisors regarding fire. Chief Henderson and the County Administrator presented a status report and she was pleased with the length of comments made by the Board on the status of East County Fire and were supportive of working with the City and preparing the analysis. The County said they could not subsidize East County Fire and would work on getting the voters to support the equalization of funding in East County.

Mayor Taylor requested periodic updates.

Vote: Motion carried 4-0.
Yes: Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor
Absent: Councilmember Brandon Richey

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS (07:36 PM)

Vice Mayor Brockman spoke regarding the Airport Land Use Committee and the Byron and Buchannan Airports and airport height restrictions.

Council Member Stonebarger reported on the last Habitat Conservation Plan Committee meeting and authorizing the creation of wetlands.

Per Mayor Taylor, Chief of Police, Mark Evenson, spoke about the National Night Out event where neighbors get out to support and encourage crime prevention.

Mayor Taylor said the Police Department was present at the event and he thanked the neighbors for their participation.

REQUEST FOR FUTURE AGENDA ITEMS: (07:40 PM)

Council Member Stonebarger asked if Council wanted entertain working on the Heron Park and Garin ponds. He asked for a report for the August 26, 2008, meeting.

Mayor Taylor asked to inform the other agencies regarding the basins.

City Manager, Donna Landeros, said the item would be placed on the next agenda for Council to vote on.

ADJOURNMENT (07:43 PM)

Motion: Adjourn
Moved by Councilmember Erick Stonebarger, seconded by Councilmember Chris Becnel.
Vote: Motion carried 4-0.
Yes: Councilmember Chris Becnel; Councilmember Erick Stonebarger; Vice Mayor Robert Brockman; Mayor Bob Taylor
Absent: Councilmember Brandon Richey

Respectfully submitted,


Cynthia Garcia, CMC
Assistant City Clerk
 
City Administration
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